Hurricane Preparation Checklist for Florida Contractors

2024 was a hurricane season to remember. For Hillsborough, Pinellas, Manatee, and Sarasota County residents and business owners, images of flattened Anna Maria beach homes, a Rays stadium with no roof, and a collapsed crane in downtown St. Petersburg are still fresh in our minds. While living and conducting business in our beautiful state is a privilege, certain aspects of Florida life are not for the weak and weary and sharks and alligators aside, storm preparation is a beast of its own. Just as owners, contractors, and insurers are turning the corner on 2024 recovery efforts, the 2025 hurricane season has already arrived. As attorneys of the Williams Parker Construction and Design team, we know that if you are a contractor in Florida, you are busy. Thus, to assist with your hurricane preparation efforts we have developed a checklist with you in mind.

Before Hurricane Season:

• Hurricane preparation should begin long before the hurricane season which runs from June through November. If you do not already have protocols in place, it is not too late to get one in place now.
• If you are not the owner and/or developer of the project, collaborate with the owner and/or developer (and/or with the owner’s property manager if applicable), to coordinate hurricane preparation actions. Have a thorough understanding of who is responsible for taking certain actions. Reduce all hurricane-related plans, protocols, and related agreements into writing and save these to your file.
• Fully communicate your hurricane plan and protocols to your employees before hurricane season begins. Designate an individual and a back-up individual to take certain pre- and post-hurricane actions, such as taking photographs of the construction site. Create an employee contact list for use during and after hurricane events.
• Have an emergency evacuation plan for employees long before hurricane season. Consider implementing a policy of stopping all work as soon as a state of emergency is announced. Employees also need time to evacuate and prepare their homes.
• If you are planning to delegate responsibilities for pre-hurricane or post-hurricane actions to your subcontractors, ensure plain language to that end is in their scope of work. Keep copies of any and all executed proposals and contracts and save these to your file (one that you can access if your business server goes down or you do not have electricity).
• Purchase necessary materials like sandbags and generators ahead of time and store for when they are needed. These materials and equipment will become limited once a hurricane warning is issued.
• Have builder’s risk insurance in place. Prior to any hurricane events, schedule a meeting with your insurance professional and ask them to explain your coverage, exclusions, notice requirements, and the documentation that will be needed to make a hurricane-related claim. Note that builder’s risk insurance may cover cost associated with hurricane preparation and cleanup, as well as repairs for damage to the site, equipment, and materials. You may also consider purchasing a policy that covers lost income.
• Always perform construction in accordance with the applicable building codes and manufacturer’s instructions, which includes following applicable Florida Building Codes as it relates to wind loads, elevation, impact resistant materials, and methods of construction that will serve to reduce incidents of water intrusion during and after a hurricane.
• When contracting for a project, consider hiring counsel with construction experience to review any and all proposals and/or contracts prior to execution. Hurricanes can cause a chain of effects that include stalled licensing, an inability to get materials and workers, and even electric and fuel, and these issues could delay a project for months. Your counsel can assist with drafting or revising clauses, including a force majeure clause that is more likely to protect you from disputes during continuing state of emergencies. You may wish to keep your counsel on retainer to assist with hurricane-related construction disputes.

During Hurricane Warnings:

• Begin taking more specific actions as soon as a hurricane warning is issued. Do not wait for the declaration of a state of emergency.
• Immediately begin lowering and securing cranes with counterweights and hurricane-rated fastenings.
• Have your designated individual take pre-hurricane photos of the construction site, as close to the storm as possible provided that doing so is reasonable and safe. This is a crucial step towards documenting damage for potential insurance claims and/or disputes.
• Prevent onsite hazards. Remove debris, signage, and temporary fencing as appropriate. Brace and/or cover fresh landscaping such as newly planted trees. Otherwise, secure the site by safely storing and/or tying down loose items including equipment, portable toilets, dumpsters.

After the Hurricane:

• Before beginning clean up, have your designated individual take post-hurricane photos of the construction site as soon as you can, provided it is reasonable and safe to do so. This is a crucial step towards documenting damage for potential insurance claims and/or disputes.
• Report any and all damage to your insurance professional and/or insurance provider, ensuring you understand and are following all the notice requirements articulated in your policy.
• Begin developing a realistic timeline to resume work on the project. Communicate any hurricane-related delays as soon as possible to your project’s owner and/or developer and to your employees and subcontractors. Consider engaging counsel who has construction experience to review your contract obligations and to assist with making scheduling changes so that you do not find yourself inadvertently breaching your contract.
• If hurricane-related disputes arise, reach out to your retained counsel for help.